Terms & Conditions & Privacy Statement – for Poseidon Pool Products
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE (THE “WEBSITE”). USING THIS WEBSITE, INCLUDING SIGNING UP TO THE NEWSLETTER OR COMPLETING A PURCHASE, INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
The Website is owned and offered by Swimming Pool Covers NZ Limited, trading as Poseidon Pool Products to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (“Terms of Use”). Access and use of the Website is subject to these Terms of Use and all applicable laws, statutes, and regulations.
The Website has been designed to provide general information about Poseidon Pool Products and its business and to offer the opportunity to purchase Poseidon Pool Products & receive regular newsletters and updates on Poseidon Pool Products.
Acceptance of Conditions. Purchasing of products & subscription to the Poseidon Pool Products newsletter (newsletter) and use of the poseidonpoolproducts.co.nz website (website) are governed by these Terms and Conditions. By purchasing/subscribing to the newsletter and using the website you have agreed to these Terms and Conditions. Poseidon Pool Products reserves the right to amend these Terms and Conditions at any time. Your continued access to the website and subscription to the newsletter will constitute your acceptance of any changes or revisions to the Terms and Conditions. Your failure to follow these Terms and Conditions may result in suspension or termination of your access to the website and the newsletter, without notice.
No Reliance While Poseidon Pool Products has endeavoured to ensure the accuracy of the information accessed via the website and distributed via the newsletter, Poseidon Pool Products does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website or in the newsletter.
Entry Into Competitions. As a subscriber of the newsletter you will be given the opportunity to enter competitions from time to time via the newsletter, as well as the opportunity to take advantage of special offers. Each competition and special offer is subject to terms and conditions which will be available to you via the newsletter at the time of entering the competition or viewing the offer. Any competition that is made available to the public is governed by its own terms and conditions subject to law. The terms and conditions of each competition will be made available to all prospective entrants and should be read in conjunction with this Agreement.
Online Purchases. Items in your shopping cart will reflect the most recent price in New Zealand Dollars, inclusive of GST, displayed on the item’s product detail page. Prices may be updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. If a product you purchase does not match the description on the Website, as your sole and exclusive remedy you may return the product, unused and unopened, to Poseidon Pool Products and receive a refund of your purchase price only.
Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalogue may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Poseidon Pool Products will take one of the following options: (i) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (ii) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologise for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers. For shipping, cancellation, and other ordering questions, please refer to our Refunds & Shipping Policy.
Links to the Website. The website and the newsletter may contain links to other websites and may on occasion display content or information from other websites within frames on the website. Websites or pages to which the website or newsletter are linked are for information only and have not been reviewed by Poseidon Pool Products. Poseidon Pool Products has no responsibility for the content of the websites or pages linked or linking to the website or the newsletter.
Editing and Deletions. Poseidon Pool Products reserves the right to review, edit, move or delete any material provided for display or placed on the website or in newsletters, without notice.
Use of Electronic Addresses. All electronic addresses of Poseidon Pool Products and its employees published on the website or in the newsletter are for business purposes only. The publication of those electronic addresses should not be taken as consent by Poseidon Pool Products and its employees to receiving unsolicited commercial electronic messages not directly related to the website, the newsletter, or Poseidon Pool Products’ business.
Privacy. Your purchase or subscription to the newsletter and your access of this website constitutes acceptance of our Privacy Policy. (See clause below Privacy & Security).
Spam. By purchasing Poseidon Pool Products online or subscribing to the newsletter you are consenting to receive electronic communications from Poseidon Pool Products regarding the newsletter and Poseidon Pool Products, offers and services. You can withdraw your consent by unsubscribing at any time simply by click “unsubscribe” or “manage subscriptions” from the electronic communication.
Intellectual Property. The website and newsletter are the property of Poseidon Pool Products. The website and the newsletter, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks and other material (Content) are protected by copyright, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by Poseidon Pool Products and content owned or controlled by third parties and licensed to Poseidon Pool Products. All individual articles, reports, and other elements making up the website and the newsletter may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the website and/or newsletter. Except for the purposes of viewing the website and newsletter, you must not copy, adapt or distribute those materials unless you have first obtained our written consent to do so. You may not use any of Poseidon Pool Products’ trademarks, trade names or brands without Poseidon Pool Products prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands, or marks. You agree to notify Poseidon Pool Products in writing promptly upon becoming aware of any unauthorised access to or use of the website or newsletter by any party or of any claim that the website, newsletter, or any of the contents of the website or newsletter infringes any copyright, trademark, or other contractual, statutory or common law rights of any party.
Limit of Liability. Poseidon Pool Products makes no warranties or representation about any content or information on this website or in the newsletter, and to the extent permitted by law exclude (and where law does not permit an exclusion, limit to the extent permitted by law) all: warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the website and newsletter; and liability for any direct, indirect and consequential costs, losses, damages and expenses incurred in any way (including but not limited to that arising from negligence), connected with any use or access to the website or any reliance on information contained on the website and newsletter. Poseidon Pool Products will not be held responsible for Content provided by third parties. Poseidon Pool Products is also not responsible for the reliability or continued availability of the telephone lines and/or equipment you use to access the website and newsletter. Poseidon Pool Products does not warrant that the website or newsletter are compatible with your computer equipment or that the website, the newsletter, or their servers are free of errors or viruses, worms etc and Poseidon Pool Products is not liable for any damage you may suffer, as a result of such destructive features.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE, THE NEWSLETTER OR THE INFORMATION ON THE WEBSITE OR IN THE NEWSLETTER, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITIONS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, Poseidon Pool Products RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Termination of Access to the Service. Poseidon Pool Products has the right to terminate or suspend your subscription to the newsletter and your ability to access the website, for any or no reason, without notice and without liability.
Feedback. While Poseidon Pool Products is pleased to receive feedback, comments, and ideas from visitors to the Website, any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Please read the Privacy Policy before submitting personal information to Poseidon Pool Products. Your use of the Website constitutes your acceptance of all the terms of the Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant Poseidon Pool Products an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Poseidon Pool Products is free to use them for any purpose.
Legalities. This website and the newsletter and their use are governed by the laws of New Zealand. In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”). If Poseidon Pool Products suspects that your Registration Data is inaccurate or incomplete, Poseidon Pool Products may suspend or terminate your account. The Website may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website. You shall indemnify, defend and hold harmless Poseidon Pool Products, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys’ fees, accounting fees, and expert witness fees arising out of or related to (i) your use of the Website or the Content and (ii) any breach or non-compliance by you of these Terms of Use. Poseidon Pool Products shall have the right at its own expense, but not the obligation, to assume the exclusive defence and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Poseidon Pool Products. Poseidon Pool Products reserves the right to seek all remedies available at law or in equity for violations of these Terms of Use, including the right to block access from a particular internet address to the Website
REFUNDS & SHIPPING POLICY Domestic Online Orders – Method of Refund or Exchange. If you change your mind, your Poseidon Pool Products product/s purchased via Poseidon Pool Products Online (poseidonpoolproducts.co.nz) can be returned to us to: (1) Customer Returns, Poseidon Pool Products & Covers, 110c Railside Avenue / Henderson / Auckland. Products must be unopened and in the original condition, and must be sent back undamaged within 7 days from original receipt of goods, your proof of purchase/order information must also be included in the return. Failure to meet with these conditions could result in an exchange or refund being denied. We will contact you via email advising the status of credit assessment and any refund due; In the case where a credit is agreed you will be asked to supply account detail for a nominated bank account. The value of the Poseidon Pool Products product will be refunded only, unfortunately not the freight portion. If you believe the product you received from Poseidon Pool Products pool covers is with fault, please see Returns & Cancellations below.
International Online Orders – Poseidon Pool Products does not ship internationally without prior arrangement and freight quote. For all international enquiries please use [email protected] with order requirements and full delivery address
Domestic Delivery. All New Zealand bulk shipments will be dispatched and charged according to your postal code, described in Important Freight Information page. We strive to dispatch all orders within 5 working days of order placement. As most items are of a bulky nature we are unable to deliver to post office boxes or private mail bags except for small accessory items. You will be fully informed by email of the freight and option details following shipment.
Delivery may be to a selected Mainfreight Depot for areas outside of Auckland Further delivery arrangements can then be made to deliver-to-door, or for you to pick-up from the Mainfreight Depot. If you have any delivery concerns email [email protected] with your order details.
Privacy & Security.
We want your online shopping experience to be comfortable, easy and safe. We have gone to great measures & installed security programs, to ensure all information used on our website is kept between Poseidon Pool Products and yourself. All your personal data (name, address, credit card number) will be kept secure, so it cannot be read by anyone over the internet.
When making a purchase or opening an account, Poseidon Pool Products collects some personal information from you, including information about your:
- name
- contact details
- billing or purchase information
Poseidon Pool Products needs this information to sell and deliver our products.
Other information that may be on enquiry or contact forms is optional; you may choose not to enter.
Any information given may be stored, including any correspondence, to identify past transactions for warranty, or similar purposes between us and your-selves only.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected. [email protected]
Returns and Cancellations. We regret we cannot offer a refund or exchange once the product has been opened and put onto a pool. When shopping at Poseidon Pool Products, all products sold are of the exact same standard and quality of those sold throughout Australia and New Zealand. If for any reason, you believe the product is faulty/defective in any way, you may request an exchange of opened product, please contact our Customer Service Team via [email protected].
Poseidon Pool Products will exchange a faulty/defect product if it is found there was a production error. If it is found the product is NOT faulty, the customer will be charged the shipping fees. If it is found that the product is faulty, the product will be replaced (the same size and value of the original product ordered) and shipping will be paid for by Poseidon Pool Products. Email your personal details, invoice number and product, along with the reason you believe the product is faulty to [email protected]. This will enable us to assess the actions required.
Cancellations: Due to the order processing of our web site and custom manufacturing of your product we cannot accept cancellations. Please make sure you select your products carefully.
Wrong Size Covers. If any product you have delivered is not the correct size that you have ordered email [email protected] with your consignment details. Poseidon Pool Products will verify ordered size and delivered size, if the incorrect size was delivered Poseidon Pool Products will arrange a pickup and re delivery of the correct size.
If you have miss-measured your pool then ordered the wrong size pool cover. If there is a small percentage of water showing it will not affect the usage or operation or warranty of the pool cover. You will still receive all the advantages and benefits for using a pool cover. If you need a section added (welded) to the width, email [email protected] to obtain a return reference and full costing of extra material (minimum cost $50.00) and freight (if applicable) then the cover needs to be returned to; Poseidon Pool Products & Covers, 110c Railside Ave / Henderson / Auckland. Charges for extra material and re delivery (if required) will apply. Do not cut the cover to pool shape, if you cut to pool shape the welding process may shrink or distort the edge of the cover. Any re welding needs to be done within one month of the cover’s life. After approximately one month the cover can lose its ‘weldability’ therefore we may attempt to assist however take no responsibility of failed repair attempts. If the cover is too short, Poseidon Pool Products cannot weld onto the length of the cover satisfactorily therefore a new pool cover is required.